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LIST OF BUSINESS INTERRUPTION INSURANCE POLICIES CAPABLE OF RESPONDING TO THE COVID-19 PANDEMIC 16 August 2021 On 17 June 2020 we published finalised guidance for insurers on the business interruption (‘BI’) insurance test case (‘Test Case’). We asked insurers to review relevant non-damage business interruption policies to determine whether the claims outcome may be affected by the final resolution of the Test Case. We published insurers’ lists of affected policies as submitted to the FCA on Friday 10 July 2020 (‘July Submission’). On 22 January 2021 we sent a Dear CEO letter to insurers impacted by the Test Case. In this letter, we set out our intention to send an information request to insurers for updated details of all non-damage BI policies that are, in principle, capable of responding to the Covid-19 pandemic following the Court judgments. Insurers were asked to include: i) all relevant non-damage BI policies that the insurer indicated in its July submission were affected by the Test Case; and ii) any relevant non-damage BI policy that it previously did not include in the July submission, or had assessed as not affected, that it now deems to be affected by the outcome of the Test Case. Insurers provided their updated lists of affected policies and on 12 March 2021 we published an updated list of policies as submitted to us. Since then, we have been engaging with insurers and asking for policies to be added to the list to bring completeness and consistency for policyholders, with the updated list intended to include all non-damage BI policies, in principle, capable of responding to the Covid-19 pandemic in at least some circumstances, rather than only those which are the same or similar to a wording in the representative sample of policy wordings considered in the Test Case. As part of this, we have now asked insurers to include wordings where they had accepted cover prior to the Test Case as well as disease ‘at the premises’ wordings, which is a type of wording that was not in the representative sample of wordings considered in the Test Case. Inclusion in this list does not mean that the outcome on any particular claim for the below policy wordings will be affected or that a particular policyholder will have a valid claim. Each policy wording and policyholder’s circumstances will need to be considered on a case by case basis, including to determine how much is payable. In particular, where the policy contains a disease clause responding to Covid-19 ‘at the premises’ and does not also include cover for Covid-19 occurring within a radius of the premises, a policyholder will need to prove (as a minimum) that Covid-19 occurred at their premises at the relevant point in time to have a potentially valid claim. This may present a significant challenge due to the lack of community Covid-19 testing, particularly at the outset of the pandemic. The list is in the form submitted to the FCA by the relevant firms. Where a policy is not included on this list, this may be for a number of reasons including but not limited to the policy wording being of a type that is still not capable of responding to the Covid-19 pandemic after the conclusion of the Test Case and the Supreme Court judgment (e.g. containing an exhaustive list of diseases only or where the policy contains a relevant exclusion clause which was not tested). The list does not include policy wordings which are only held by fewer than 5 policyholders. Our January Dear CEO letter asked insurers to communicate directly and as soon as possible with policyholders who have made claims/complaints that are potentially affected by the Supreme Court judgment to explain the next steps. If you are uncertain why your policy has not been included in this list or you have any other queries regarding your non-damage BI policy, please refer to the communication you have received from your insurer or broker or contact them directly. If you are unhappy with your insurer’s response, you can take eligible complaints to the Financial Ombudsman Service, or alternatively could pursue issues through negotiated settlement, arbitration or court proceedings as a private party. Policyholders may refer to the FCA’s BI webpage under the heading “FCA Guidance and Statements for Policyholders” for more information. The policies listed below cover over 200,000 policyholders. The policy wording names included in the below list are as submitted by the insurer. Insurer FRN Policy wording Accredited Insurance (Europe) 608422 CCEP011119 Commercial Combined Insurance Ltd Ageas Insurance Limited 202039 Pen SME - Commercial Combined Ageas Insurance Limited 202039 Bellegrove - Direct Motor Trade Ageas Insurance Limited 202039 Ceta - Shop Ageas Insurance Limited 202039 CIS - Classic and Specialist Motor Trade Ageas Insurance Limited 202039 Commercial Guard - Leisure Ageas Insurance Limited 202039 Commercial Guard - Homeworkers Ageas Insurance Limited 202039 Commercial Guard - Office & Surgery Ageas Insurance Limited 202039 Commercial Guard - Shopkeepers (including Operators) Ageas Insurance Limited 202039 Powerplace - Shops Ageas Insurance Limited 202039 Simply Business - Commercial Guard Small Business Ageas Insurance Limited 202039 Scrutton Bland - Insurance for the Third Sector Ageas Insurance Limited 202039 Marsh Pro Broker endorsement Z274 (added to Combined Policies) Ageas Insurance Limited 202039 Powerplace - Pubs and Restaurants Ageas Insurance Limited 202039 Simply Business - Optima Small Business Ageas Insurance Limited 202039 Geo Holiday Homes Ageas Insurance Limited 202039 Geo - Smith and Pinching Property Owners Ageas Insurance Limited 202039 Magenta Holiday Home Aioi Nissay Dowa Insurance UK 816870 Toyota Centre Policy Limited Allianz Insurance plc 121849 Marsh Resilience Allianz Insurance plc 121849 Marsh Resilience RE Allianz Insurance plc 121849 Lockton Asset II Allianz Insurance plc 121849 AJG RE Allianz Insurance plc 121849 JLT RE Allianz Insurance plc 121849 SB Legacy/Free Format ND clauses Allianz Insurance plc 121849 Free format NDDOA - Group A Allianz Insurance plc 121849 Hamilton Fraser Allianz Insurance plc 121849 SB Legacy/Free Format ND clauses ARCH INSURANCE (UK) LTD 229887 Commercial Combined (Acturis) ARCH INSURANCE (UK) LTD 229887 Commercial Combined (OGI) ARCH INSURANCE (UK) LTD 229887 Hotels and Guest House (Powerplace)
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